Contracts · MBE-tested
William C. Hurt, as Ancillary Executor of William H. Hurt, Deceased, Appellant, v. Abraham P. Miller et al., Composing the Firm of Miller & Company, Respondents
190 N.Y. 553·New York Court of Appeals·1908·NY
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Opinion
William C. Hurt, as Ancillary Executor of William H. Hurt, Deceased, Appellant, v. Abraham P. Miller et al., Composing the Firm of Miller & Company, Respondents.
Hurt v. Miller, 130 App. Div. 833, affirmed.
(Argued December 12, 1907;
decided January 7, 1908.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 1, 1907, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover for the alleged wrongful sale by defendants, a firm of stockbrokers, of a contract for a number of bales of cotton bought by them for plaintiff’s testator.
G. A. Mountjoy and William King Hall for appellant.
Charles E. Pushrnore for respondents.
[MAJORITY]
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.